1928-11-29 — Page 4

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: HONG KONG

THE HONG KONG DAILY PRESS, THURSDAY, NOVEMBER 29th, 1928.

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PROSECUTION IN FORGERY TRIAL CONCLUDING.

WHY “CUSTODIAN OF GOVERNMENT CHEQUES

WAS SUSPECTED?

CHINESE CONSTABLE SUPPLIES A BRIEF COMIC RELIEF."

CLD'S EVIDENCE AND HYPOTHESES.

The case for the prosecution against Carvalho Yed, who is alleged to have defrauded the Government of over $280,000 by means of three forged cheques, is likely to be concluded this morn- ing. Yesterday saw the seventh hearing and when the Court rose at 4.15 p.m., it was announced that there were only three more witnesses to be called for the Crown.

Yesterday's evidence, with the exception of that given by Mr. T. H. King, Director of Criminal Intelligence, was in the main relative to accused's alleged trängactions with the three local banks, with whom the alleged forged cheques were passed.

Why Tsang On Wing, a trusted clerk of the Treasury, whom Mr. Jenkin has described as the "enstodian of Govern- ment cheques" was arrested, was explained by Mr. King. He said that, like all police officers, he investigated the case from two angles. His two hypotheses were: First, he assumed the cheques were genuine and the signatures had been obtain- ed by a trick. Secondly that they were forgeries. He arrested Tsang On Wing because his handwriting was similar to that on the body of the cheques, and also because he was the custodian of Government chèques.

He pursued these two hypotheses until Tsang was discharged and subsequent to that there was a "bias" on the forgery side of the case.

IN

LAUGHTER IN COURT.

The earlier part of yesterday afternoon was devoted to the evidence of witnesses from the various banks with which the accused is alleged to have transacted business. The statements made by the witnesses were more or less similar and proceedings were be coming monotonous when a small incident caused a general laugh in Court. The evidence of the last witness from the Equitable Eastern Banking Corporation having been concluded Mr. Potter announced that he would call Mr. King. The name was shouted: and in response, a Chinese constable, with an extraordinary solemn expression walked into the witness box. On seeing that he was, decidedly not the Mr. King whom everyone expected a ripple of laughter passed through the Court which grew louder as the solemn lock on the constable's face changed to bewildered surprise. However, he held his ground stolidly and it was some time before. the Court interpreter could persuade him to leave.

The case is being heard by Mr. Justice P. Jacks. Counsel engaged on the case are Mr. Eldon Potter, E.C., and Mr. H. G. Sheldon for the Crown, while the defence is in the hands of Mr. F. C. Jenkin, instructed by Me. C. A. S. Buss.

ques had been made out to the Head Shroff. Is that yourself -Yes.

From time to time during the working day, you have to get a ebeque don't you No.

$80,000 In Pockák,

Banking Transsctions.

Accused went to the bank next Accused'i alleged banking activi- tes were then gone into, the first day and drew out $79,060. He was witness called "being Mr. C. A asked why he wanted such a larga. Rodrigues, of the Instone Banking sum in cash and replied that be Corporation. He said accused open was going to pay his sub-contrac ed an account with the Instone tors. He also produced a wad of Baak on September 2nd, 1997 with notes about 850,000, to convince 85,500 in cash. Accused gave his witness that he had large accounts Bame as Chan on Wai and repre-

to pay.

Again on the following sented himself is manager of the Mia Tak Co., contractors, Accused day, accused drew ou: 814,000 and paid in a big cheque for $78,300.41 thus left, & credit balance in the on January 4th, and when asked bank of $290,69. as to how and when he would re- quire the money, Yeo was alleged to have said that he would be want- ing cash very soon because he had to pay his sub-contractors,

Yeo went to the bank on January 5th, and drew out $63,960. The, following day he presented another cheque for $12,930. This was re fused payment because there were not sufficient funds to meet it. Accused accordingly altered the cheque lo 812,000, which was paid oat, thus leaving a small credit

balance.

15

Mr. Jenkin asked no questions. This evidence, was corroborated by another witness from the same bank.

Mr. T. H. King's Evidence. Me. T. H. King, C.L.D., was then called. He said that on January 19th, he raided an office oh the sixth floor of the China Buildings in the company of Chief He found Detective Reynolds. several cheque books and paying. in books on the premises.

On January 18th, in the after- Among the cheques drawn out by noon he went to the Treasury in accused was one for Kata & Co., response to telephone message. He which was paid to the Netherlands saw Mr. Messer, and was shown the Mr. Trading Society and another one in three cheques in question: favour of the Man Lee Co. to the Messer informed witness that .. Equitable Eastern Banking Cor-large sum of money had been ob- poration.

tained by menna. of, those three cheques. Mr. Messer had also told witness that the cheques appeared to have been forged as he (Mr. Messer) had no recollection either of the amounts or of the names of the payees.

་

In answer to Mr. Jenkin, witness said that with the exception of the signature appearing on the receipt for the cheque book, he bad never aven accused sign the name of Chan Man Wai.

11

Witness said that Mr. Messer also commented on his signatures and admitted that they were very good forgeries Mr. Messer gave witness the opinion that the cheques were positively a forgery.

Mr. Holkampt, cashier of the Netherlands Trading Society gave evidence as to the accused having opened an account with them in the name of Katz & Co. Accused gave his name as J. K. d'Almada and

Asked why a search was made said that he was managing partner for the rouchers, witness said that to the Arm. The account was open the first thing a police officer ed with a cheque for 83,500 draws would do was to examine every in favour of Katz & Co., by the avenue for evidence. He consider- Man Lee Co. The rest of witnessed that it was bis duty to make evidence was the same as that given all possible enquiries by, previous witness..

가

Mr. F. X. M. da Silva, an ais- tant in the Netherlands Trading Society corroborated. He said that he failed to pick out the accused 4: the identification parade. He, however, recognised the accused in the dock.

Mr. Jenkin: You are" quite cer- tain that the man in the dock is the man whom you saw endorse that cheque !

Witness Yes.

"

... What makes you a certain now? I seem to recognise him better now. Last time at the Magistracy

Never mind about the Magistracy, Do you say you now recognise him that man -Looking at him well, I seem to recognise him.

Is there anything peculiar about his appearance?-Nothing extraor- dinarily peculiar.

Not In A Spirit Of Criticism." When the Court sat in the mom ing, Mr. A. H. Ferguson foreman of the jury, said that be wished to point that members of the jury-had seen" witnesses for the Crown in Court during the proceedings be tcre they were called. He did not raise this point in a spiris of criti- cheques, they are made out to me carefully. I was very ill that day.

cism but thought. that the Court's procedure should be upheld. He

mentioned the names of Mr. T. H. King and Mr. Dovey,

M..Potter thanked the jury for

bringing the point to the Court's attention and in the case of Mr. Dovey be said that the latter was not going to give evidence. As for Mr King, it was usual for police. witnesses to be in Court because their evidence was only formal. Mr. King was going to be asked what he had found in the Treasury and at accused's office.

Looking at the Cheque Register I sce on Desember 29th. about ten cheques, were made out to Head Shroff -I don't ask for these to meet petty expenses.

Witness added that those cheques were handed to a clerk by Mr.

Black to give to him (witness).

Mr. Jenkin: Are vouchers hand-

ed to you at the same time as those cheques ?--Yes.

Has Tsang anything to do with them-Yes, he makes out the vouchers.

Had the prisoner Yeo anything to do with your department or your work-No, he had no connection with my department at all,

Are you by any chance a relation

Tsang-No.

Were you in the office on January 18th Yes,

Mr. Ferguson reminded Mr. Pot-ot ter that on a previous day the Crown had stated that Mr. Dover was going to be called to give ex Did you help to look through the pert evidence on the writing and vouchers-Nothing to do with me. signatures of the cheques. H.s Did you look through your books Lordship told Mr. Potter that to see if those three cheques were strictly speaking Mr. King should paid out -Yes, I did.. not be in Court Mr. Petter gave an assurance that Mr. King would- mot ngain enter the Court unti his evidence was required.

Questions By Jury.

Mr. Alves: The Chinese book which you have now produced, is it the official book of the Treasury --- Tes.

The Head Shroff Of The Treasury.

The Head stroff of the Treasury, Is there anything to indicate that Chan Yam Chuen, said that he has it is 1-The only indication is the been in the Government service for vouchers' Humbers and the names the last 23 years. His duties were of the payees recorded therein. to pay out cheques to contractors A sort of private record, isn't or others for work done for the lit 7-Yes.

Do you keep the petty cash ac- countYes.

P.W.D. He also had to pay out! You can take the book, home at pensions, including those for night if you wish —It is bought widows and orphans and also to with Government money and I can't the police department.

take it home With every cheque he received n pay out, he was given a voucher When these came to his hands, be made a record in Chinese in his own book. He would then check, p to see whether or not the cheques tallied with the vouchers. The vouchers would then be handed to a clerk, and the latter would prepare advices to the respective payees say ing that cheques had been made out and that they could call for pay

ment.

And make out vouchers before you apply for a cheque ?—I tell the clerk what amount I want and he makes out the vouchers,

Renting An Office.

Mr. Potter: Did Mr.. Messer make any statement to you in re- gard to Tsang On Wing 1-He told me that he placed implicit trust in Tsang and that Tsang had an unblemished character. Mr. Messer. did not suspect him

Witness added that he was not sure whether it was on the same afternoon or during the following two days that Mr. Messer had ex pressed the opinion that the writ-

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ing-on the body of those cheques CORRESPONDENCE.

was not Tsang's.

Mr. Potter: Tsang was in office and you saw him-I saw him later in the afternoon.

THE SEAPLANE FLYING" CLUB.

Did you also see Chung Man Kun 1 detained both of them. They were charged before the (TO THE EDITOR OF THE “ HƠNG XỌNG

DAILY, PRISE."] Felice Magistrate on January 21st. with conspiracy.

They were in custody about 20 days 1-Nineteen days to be exact.

Sin-In the past I have refrain-

Any marked features which, as it were fixed him in your mind investigation was made and the reposition in relation to the proposed During those 20 days full police ed from mentioning my personal None.

You walked up and down the line,sult was that the charge was with Seaplane Flying Club for Hong and of course, you looked carefully drawn against both of them-Yes,

at each man No; I didn't look was personally engaged on the Kong."

When I went up I just had a sort Cf glance, and I was hasty in pick

ing out the man."

Did you tell Mr. Perdue that vor

are too ill to take part in the parade of those men No.

case,

I deeply regret that it "Asked to detail as to what trok should be necessary for me to do Meseer on the day when the dia terests of the movement. place in his interview with Mr. so, unfortunately it is in the in- covery was made, Mr. "King said that Mr. Messer particularly com mented on the name Katz and ask- ed witness if he could remember a certain incident during the when the name of Katz figured prominently.

Cross-examination

war

There are a number of persons in Hong Kong who are under the impression (and who make it their business to spread their viewe), that I proposed the formation of the Club with the suggestion of,

Not Jumping At Conclusion. Is it not because you see the man in the deck that you say he was the man? This is not an attack op your honesty as a witness. It. Rising to cross-examine, Mr. Government assistance, purely to might be an association of ideas, Jenkin said that he did not know make a "fat job" (not my expres seeing him in the dock-Certainly what had taken place at the nct.

Was it because you saw him in the dock at the Magistracy that you jumped to that conclusion No.

Are you sure of that 1-Yes. On going into the Police Court you saw him seated in the dock be. 1 fore you gave evidence t-Yes.

You were sitting in Court wait- ing to give evidence 1-Yes.

You gave evidence after your principal, Mr. Holtkamp 7-Yes.

You then stood in the witness box

Treasury on the day the discovery ion) for myself. was made. His questions were My trus

reasons have already therefore merely searching ones. received considerable publicity.

Mr. Jenkin: Were you respon- I have no intention of wasting sible for the charge against Tiang your space, or my time, in making. and Chung-1 was not entirely a lengthy reply to such a charge, responsible for the wording of the but I should like to make the charge. I consulted the law off position clear. The Cit would cers of the Crown.

have two paid Europeans upon its itaf One is a pilot instructor. I gave up this work six years ago and have no intention of returning The other in a Ground Mr. Jenking Is it possible that Engineer for which I have not the and in due course you said he was the draft of the charge is still in necessary qualifications. I have existence I don't think so. It not; and never had, any intention Was it because you saw him in was a rough draft and I may have of accepting a paid position with the dock then and because you had destroyed it.

the Club. Yours, etc.,. Kowloon Hotel,

the man Yes.

45

Witness added that he had made A draft of the charge and took it to Mr. Holmes, Crown Solicitor, for correction.

;

Been what occurred in Court that You have kept records of the you felt he must be the man 1-No. case, haven't you?-I made certain notes in my diary which I have in "Not To Be Outdone.”

in my pocket now. They are, just Mr. "Charles Choa. of

the notes, very brief. Equitable Eastern Banking Cor

There are in fact other records paration also spoke of accused hay-than those you have referred to i ing opened an account with them Yes, I took statements and they with $2,500. Accused gave his are on the police files name is Yeung Tat Lee and said And other memoranda probably

that he was manager of the Man-Yes.

R. VAUGILAN FOWLER.

Kowloon, Nov. 26th, 1828..

STOLE A DIAMOND RING. KOWLOON LADY'S SERVANT

-CONVICTED.

A house coolie in the employ of

Lee Co. The decount was opened MP King said that so far as he in the name of the firm, After knew the police records were still speaking of various cheques drawn intact up to the discharge of by the accused, one of which was Tsang. He could not remember Mrs. E. D. Kay, of No 76, Nathan in favour of the Katz & Co., and what was the correction made by Road, pleaded guilty before Mr. E. another to the Min Tak Co., wit-Mr. Holmes to the draft of the W. Hamilton at the Kowloon Magis ness said that on January 4th, ac- charge submitted.

tracy yesterday to the theft of a cused paid in a cheque for 873,735. Mr. Jenkin then produced a gold ring set with a diamond worth This cheque wad made out by the copy of the charge which was to $150.

The next witheas was Wong Woon Nam, who deposed to the accused having rented an office from him on the sixth floor of China, Building On September 1st, 1927. Accused The vouchers would then be re- gave his name is Yeung Tak and Government in favour of the San the effect that Teang and Chung Sergeant Fowler informed hie turned to witness," and after pay said that he was a building con- Cheung Co. It was sent through had cons Jired to defraud the Gov-Worship that Mrs. Kay reported ing out all the cheques covered by tractor and that his first name was the clearing house in, the usual ernment by means of three fraud the fose to the police and also told thase vouchere, he would send them, the Min Tak Co. A month after course of business and was return fent chequea the closing words them that the suspected the house back to Tang On Wing.

In his the office was rented two more signed, the Hong Kong bank asking being, "That it was not intended cookie. On being questioned by the Lock no record had been made of boards made their appearance out for a confirmation, of the endorse to be chahed or presented for pay police, the man admitted the theft the three items in respect to the side accused 1 office door. They ment. Wilnces was unable to supment out of or against Treasury and took them to a pawnshop. alleged forged cheques,

were Katz & Co. and the Man Leaply that because San Cheung was Money."

Teang No Relation Of His. Cross-examined by Mr. Jenkin witness said that he was at the Treasury that morning before com ing to Court.

Co. Accused had some furniture | not * customer of theirs. The Counsel asked witness at whose where the article was pledged. and a small boy in charge of the cheque was then returned to accus- suggestion the

In sentencing the defendant to closing remark office. Witness was paid most at ed.

was added. Mr. King said that he three months hard labour, his the monthly rentals by cheques.

added by Mr. Worship remarked that he had not Nort day accused went to the thought it was The last payment for rent was made bank to enquire about it and when Holmes. The charge was framed only stolen bit abused his position on January 5th. Witness never saw told of the matter, he took the as a result of facts placed before of trust. Was Chung Man Kun in the accused again until September 22nd cheque and left the bank. He the Crown Solicitor by witness An order was made for the pawn office too-Yes,

at an identification parade, when however returned in the afternoon himself. The charge was not draft broker to surrender the article to Was The Ya Un in the Office16, picked prizone out among the by the Government to the Man not consider himself at export taking on pawn

with a crate for Un,142.10 modeled on any precedent Witness did the complainant without costs for also J Yes -

row of men

valuable ring. 1-noticed from the stubs the

ser Jenkin said the

chha xos tộc tội Thile was gut through the draughtamant charges on frere the defendant without awuts. cheque books that occasionally che questions to ask.

clearance and was met,"

ing himself that it was not stolen (Continued on page 8);

&